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(영문) 인천지방법원 부천지원 2015.04.08 2015고단266
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 17, 2014, the Defendant 112 reported telephone calls without any justifiable reason while drinking alcohol with male-gu in Gyeonggi-do B lending 402 around 23:15.

Accordingly, the police officer of the Kimpo police station, who was called after having been called for the reported telephone, expressed that "I am frien by this frien, why this frien is, why this frien frien frien is, you see the head debt of the above D in his hand, and the left frien of the above D in his hand frien, and continued to move to the above police box, and frien the above D's frith, walking with his frith, and assaulted the police officer E on duty at the above police box, thereby hindering the police officer's legitimate execution of duties concerning the handling of the 112 reported case.

2. On November 17, 2014, the Defendant damaged public goods, at around 23:20 on the street in front of the Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, who was arrested in the act of interference with the performance of official duties and boarded the police officer D to whom the above police box belongs, while taking a bath to the police officer D, who was arrested in the act of interference with the performance of official duties, and thereby, damaged the repair cost of the 39,562 won by walking back the back of the patrol assistant, which is a public goods.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about D and E;

1. Application of Acts and subordinate statutes to written statements in a written estimate of general repair costs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. The point of obstruction of performance of official duties: Article 136(1) of the Criminal Act and the choice of imprisonment, respectively;

(b) The point of damage to public goods: Article 141(1) of the Criminal Act; the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Crimes No. 1 (Scope of Recommendation) within the scope of the punishment, crimes No. 1 (Invalidity of Public Goods) and No. 2 (Scope of Recommendation) within the basic sphere (No. 6 months to No. 1 year and June) of the destruction of public goods. The obstruction of performance of official duties shall be the first category.

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